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Homosexual-rights advocates have asked California's Supreme Court to block citizens from voting this fall on a measure voters originally brought to the ballot: Proposition 8, the California Marriage Protection Act.

Proposition 8, so labeled when Secretary of State Debra Bowen certified it earlier this month for placement on the Nov. 4 ballot, is a constitutional amendment that states, "Only marriage between a man and a woman is valid or recognized in California." The amendment was created by voter initiative with the signatures of 1.1 million voters, more than the required 694,354 needed to place an issue on the ballot.

Lawyers representing the ACLU and the homosexual-rights group Equality California, however, filed a petition earlier this month in the state's highest court to strike Proposition 8 from the ballot. The opponents claimed the measure is not merely an amendment, but a revision, which a lawyer told WND is defined as a radical rewrite of the Constitution that would drastically upset the social fabric of California and require convening a constitutional convention to approve.

Liberty Counsel founder Mathew Staver told WND that if there was any radical reconstruction of California's social fabric, it was done last month when the state Supreme Court ignored over a century of precedent in the its definition of marriage with a 4-3 ruling that deemed a law defining marriage between one man and one woman unconstitutional.